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R-7684 . , e e RESOLUTION NO. 7684 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS WHEREAS, Pursuant to California Revenue and Taxation Code section 7200, at. seq., the City of Santa Monica has adopted a sales and use tax ordinance which imposes a tax and provides a measure therefore that can be administered and collected by the state Board of Equalization along the same and existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the california state Sales and Use Taxes. WHEREAS, Pursuant to California Revenue and Taxation Cade section 7056, the city of Santa Monica, by resolution, may designate any officer, employee or any other person to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected for the city. WHEREAS, The city of Santa Monica has entered into a purchase order agreement for the sales tax audit and information services with the firm of Municipal Resource Consultants, a partnership of John Austin and Allen Charkow, to designate John Austin and Allen Charkow of Municipal Resources Consultants as authorized City representatives to examine such sales tax records maintained by the Board on behalf of the City of Santa Monica. .. ; f e . WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. In all respects as set forth in the Recitals, Part A of this Resolution SECTION 2. The City Council of the City of Santa Monica hereby certifies to the State Board of Equalization that John Austin and Allen Charkow of Municipal Resource Consultants are the designated representatives of the City of Santa Monica to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected by the Board on behalf of the city of Santa Monica. SECTION 3. Pursuant to California Revenue and Taxation section 7056 (b), this Council hereby certifies that Municipal Resource Consultants, a partnership of John Austin and Allen Charkow (hereinafter referred to as "Consultant") meets all of the following conditions: a. Consul tant has a purchase order with the City to examine sales tax records; b. Consultant is required by that purchase order to disclose information contained in, or derived from, those sales tax records only to an officer or employee of the city who is authorized ta examine the information; c. Consultant is prohibited by the purchase order from ~ t e e performing consulting services for a retailer conducting business in the City of Santa Monica during the term of the purchase order; and d. Consultant is prohibited by the purchase order from retaining the information contained in, or derived from, those sales tax records after the purchase order has expired. SECTION 4. The City Clerk shall certify the adoption of this Resolution and, thenceforth and thereafter, the same shall be in full force and effect. APPROVED AS TO FORM: ~ """ "...--..------....-- ROBERT M. MYERS 0.- City Attorney .... - e Adopted and apprav o A N1 (~~ - tha~fOregOing eptember, 1988. --- ----- ~ Ma~ I hereby certify Resolution No. 7684(CCS) was duly adopted by the city Council of the City of Santa Monica at a meeting thereof held on September 13, 1988 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ~E:W~~~ --- ~.t:y C1erk